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Home My WebLink AboutTR-7613 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0751C Date May 22, 2012 THIS CERTIFIES that the relocation of the existing dwelling from 8' to 46' from the top of the bluff; dr/wells; new sanitary system; and new ~ravel driveway and parking area At Old Mallory Rd., Fishers Island Suffolk County Tax Map #11-1-12 Conforms to the application for Trustees Permit heretofore filed in this office Dated 7/7/11 pursuant to which Trustees Wetland Permit #7613 was issued on 8/24/11 and conforms to all of the requirements and Conditions of the applicable provisions of law. The project for which this certificate is being issued is for The relocation of the existing dwelling from 8' to 46' from the top of the bluff; drywells; new sanitary system; and new gravel driveway and parking area. The certificate is issued to WILLIAM L. BOSWELL & OTHERS owners of the Aforesaid property. Authorized Signature James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Brederaeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OFINSPECTION: ~'CCh. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ½ constructed ~'"~Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Jill M. Doherty, President Bob Ghosio, Jr., Vies-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction % constructed Project complete, compliance inspection BOARD OF SOWYHOLDTOWN TRUSTEES sOIYfHOLD, NEW YORK PE~RMIT NO, 7613 ISSUED TO: WILLI ~ W ~ O PROPERTY ADDRESS: OLD MALLORY RD FISHERS ISLAND SCTMOl l-l-q2 AUTHORI~., ~TION Pursuant to the provisions of ChaPter 275 ired/or ~r ! 11 ofthe 2~Own ~ oftbe Town of Southold and in accordance with the Resolution of the Boa~'~fTrustees adbl~t6d at the meetiag held on ~in c~o0sideration of applicaOon fee in ~e sum of $ 2_~_.Qg..p~id by 'q~L~lhl~oth_ers T~ a~d CondiOo~s as s~a~d~ta ~a~ ~futi°n, t~ S6~uthold TOwfi B6h/d ot~mStee~ authorizes and ~ thc fo~: ~ Wetl~and Permit to relocate the exist~ dwelling from 8' to 46' from bluff; instaiFdrywell~; abattd0n ~d i~st~ ~i~ Sa~l~ ~ystem; and ht~tall new gravel driveway and parking area, and as depleted on the site plan prepared by Richard H. Strouse last dated June 21, 2011 and stamped approved on August 24, 2011. IN WITNESS WHER~ OF, the s~d Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TE~ AND CONDITIONS The Permittce, William L. Boswell & Others. residin~ at Old Mallo~ Rd.. Fishers Island. as part of the consideration for the issmmce of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fxom any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation p~rformed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thexeto, to the'comple~ ~xclnsion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or'as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization ~as originallY 0btained~ Thai th~ work involved Will be subject to the inspection and approval Of the Board or its agents, and non-compliance with the provisions of the originating apphcatlon may be cans for revocation of this Permit by resolution of the said Board. That there ~will be no unreasonable interference with navigation as a result of the work herein autl~orized~ That there shall be no interference With the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town Of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due n~ice, to remove or alter this work project herein stated without expenses to the Town of Southuld. That the said Board will be notified by the Permittee of the co~ of the work authorized. That the Pe!mittee will obtain all other permits and consents that tiaay:be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Augu~ 24,2011 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: WILLIAM L BOSWELL & OTHERS OLD MALLORY RD., FISHERS ISLAND SCTM#11-1-12 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 24, 2011 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of WILLIAM L. BOSWELL 8, OTHERS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated July 7, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Heating was held by the Town Trustees with respect to said application on August 24, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees APPROVES the application of WILLIAM L. BOSWELL & OTHERS to relocate the existing dwelling from 8' to 46' from the top of the bluff; install drywells; abandon and install new sanitary system; and install new gravel ddveway and parking area, and as depicted on the site plan prepared by Richard H. Strouse last dated June 21,2011 and stamped approved on August 24, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Board of Trustees JMD/Ims Jill M. Doherty, President Bob Ghosio, Jr., Vies-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York I1971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: I_l~l't~J,'G..(Y3 (--.- ~(~]L)(~(~ ~r{~'~ Please be advised that your application dated r7 )r~ I tl has been reviewed by this Board at the regular meeting of ~IA.~. I I I and your application has been approved pending the comp~eti~)h of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ~ Constructed ($50.00) J Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ BY: Jill M. Doherty, President Board of Trustees RE: Request for Support Letter Subject: RE: Request for Support Letter From: Bart Harvey <bartharvey@gmail.com> Date: 8/23/2011 6:38 PM To: pcmoorel@optonline, net CC: 'Luke Boswell' <bosoco229@gmail.com>, smith.janetmarie@gmail.com To the Town of Southold Zoning Board of Appeals: As owners of the northemly adjacent property residence, we are aware of and in full support of the application to move the Harvey/Boswell house on Fishers Island, away from the bluff and closer to the street. Please feel free to contact us should you need any other information. Sincerely, Bart Harvey and Janet Marie Smith 2 4 20II Board of Trustees 1 ofl 8/24/2011 4:31 PM August 23, 2011 RE: BOSWELL, ET AL PREMISES: EAST END ROAD, (OLD MALLORY ROAD) FISHERS ISLAND SCTM: 1000-11-1~12 Attention Town of Southold Zonin8 Board of Appeals As the owner of the westerly property residence adjacent to the Boswell property, I am aware of and in support of the application to move the Harvey Boswell house on Fishers Island away from the bluff and closer to the road. Should you need any further assistance, please do not hesitate to contact me at (617) 227-8116. Sincerely, Jo; McGillian~ rr ~, 1- rr~ r~ ,ri ~n F~ r ~ Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 17, 2011, the following recommendation was made: Moved by Doug Hardy, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of WILLIAM L. BOSWELL & OTHERS to relocate existing dwelling from 8' to 46' from the top of the bluff; install drywells; abandon and install new sanitary system; and install new gravel driveway and parking area. Located: Old Mallory Rd., Fishers Island. SCTM#11-1-12 Inspected by: Doug Hardy, Peter Young Vote of Council: Ayes: All Motion Carried Jill M. Doher~, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 765-1892 F~x (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report WILLIAM L. BOSWELL and others requests a Wetland Permit to relocate existing dwelling from 8' to 46' from the top of the bluff; install drywells; abandon and install new sanitary system; and install new gravel driveway and parking area. Located: Old Mallory Rd., Fishers Island. SCTM#11-1-12 Tyl~ce of area to be impact,ed~ __Saltwater Wetland . Y'Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~'~Wetland ~l~Goastal Erosion __Administrative__Emergency Pro-Submission __Amendment Violation Info needed: Modifications: Present Were: J. Doherty B. Ghosio J. King_ ~. Bredemeyer D. Dzenkowski --other Form filled out in the field by Mailed/Faxed to: Date: D. Bergen, WOOOS HOLEGROUP 81 Technology Park Dr., ~ F~lmoutlh MA 02536 Din:ct Ext~sion: (508) 495-6221 Main Telephone: (508) 540-8080 FAX: (508) 540-1001 e-mail: Iw ¢ishar~whg~p.com www.woodsholegmup.com MEMORANDUM Date: 13 APRIL 2011 To: Mr. Alexander Harvey, Il CC: Mr. Richard Warren, lntergcicncc From: Lee Wcishur, Ph.D.; PWS Re: Potential Shoreline Mitigation Solutions dUL - 2011 Southhold lowe Board of Trustees The following memorandum provides a review of potential options fur protecting your coastal bank and ultimately your house. Back~round The Woods Hole group has made several site visits to thc Fishers Island property over the past three years. As you know, the bank is extremely high and is composed of loess (timed grained sediment) that allows thc bank face to remain near vertical. Additionally, the loess slows the erosion of the bank face because it is cohesive. However, when the bank face erodes, large sections cleave out of the bank face. This situation has provided a false sense of security at the propetx3, for many years. The erosion of the bank face has continued to deteriorate to the point where your options are severely limited. Our engineering staffhas met at least 6 times over the past 45 days looking at potential solutions to help protect your house. I will be very candid in that your options are limited from both an engineering and permitting perspective. The face of the coastal bank will continue to relreat and/or layback to obtain an angle of repose. Placing an cngincel=mg sll'ucture at the base of the bank will slow but not eliminate this process. Any potential mitigation option will require obtaining a balance between securing sufficient room on the beach to construct the engineering structure and having thc toe or ba~ of tho sffuctum far enough away from the bank so that the bank face can be reinforced to slow down erosion at the top of the bank. Potential Mitigation Options After meeting extensively on this problem, we have developed three potential mitigation options that may be: considered to slow the erosion of the bank and extend the time you and your family will have use of the house. Option 1 - Leave thc house in nlace and construct a sloping rock revetment This option would leave the house in place and construct a sloping rock revetment on the face of the bank. This option would move thc toe of thc structure approximately 40 to 60 feet seaward of the existing bank face. The fill would extend on an approximate slope of IH to IV extending from the toe of thc structure to near the top. The area between thc structure and the bank would be filled with sand and sediment to reinforce the bank face. This option will occupy a large section of the high tide beach and potentially oeoupy some of the intertidal beach (Figure 1). There are several concerns with developing this option. Figure 1 This figure shows and approximate location of the revetment toe. Note that this is a 2007 ortbophotograpb from NYGIS First, constructing a stmctore seaward of the existing bank toe will subject the rcveUne~t to larger waves and will require larger rock and a more substantial structure. Second, permitting this option will be a challenge because under normal circumstance reclaiming upland from the beach and intertidal area is not allowed by the permitting agencies. Option 2 - Consh'uct a vertical seawall and move the house This option would construct a vertical seawall. The toe of the structure would be seaward of the bank toe but landward of Option 1. The house would be moved to implement this option. The ve~ical wall would be constructed to protect the toe of the bank and to reduce the slope of the bank. The bank slope is reduced because the bank would be graded from the top of the vertical slructore. This will effectively reduce the amount of area that will be lost at the top of the bank as a result of project construction. The disadvantage of this option is that fwst, the structure will be constructed seaward of the existing toe of the bank. S~cond, the bank slope will still be subjected to erosion from severe or storms of record. Third, the vertical wall most will likely not be above the 100 ft storm surge elevation. Option 3 - Construct a vertical seawall along the toe of the bank and leave the house in place This option would construct a vertical seawall along the toe of the existing bank and leave the upper reaches of the bank face intact. Additionally the house would not be moved. This option has several disadvantageous. First, the vertical wall will be difficult to construct due to the boulders on the beach. The metal sheeting may have to be vibrated or pounded into the substrate. This will most likely result in some slumping oftbe bank due to constructing the wall. This could result in loss of additional upland between the house and the top of the bank. Second, this option still leaves the face of the bank exposed to severe storms and/or storms of record when the vertical structure is over topped. Third, the top of the bank will not be reinfomed and will still have a tendency to erode. While the vertical wall will lessen or slow the erosion will still be present. Conclusion None of the three options presented above will eliminate the potential of bank erosion. There remains a possibility of losing the house as the result of severe storm even if it is moved. The simple fact is the house is vulnerable and the ability of the loess to slow down the erosion of the bank face has exacerbated the problem by providing a false sense of security. We will be happy to discuss the potential solutions with you and InterScience after you have had a chance to read this letter and discuss it with your family. WOODS HOLEGROUP Luke Boswell 5815 Graves Lake Drive Cincinnati, OH 45243 Sent via US Mail and Email: aboswell(~¢inci.rr.com RE: Erosion Evaluation at Fishers Island Property Dear Mr. Boswell, July I l, 2007 dUL - 7 2011 'fowa Board o! Trustees ~i?hOdS .H.ole .Gr.o. up is. pi.eased to present the findings of the site evaluation performed for your ers lslanu, r4ew ¥orlc property. Per your requ~.st, Woods Hole Group has evaluated the condition of the coastal bank and b.each on the subject property in terms of the existin.g and future potential for erosion. ^ site visit was performed on June 8, 2007 to evaluate the extsling geologic conditions, including type and extent of resources such as beach and coastal bank, ,sedim. ent ch~aractaristics, and evidence for erosion of the coastal bank. The following letter is oaseo on imormation gathered d.u. ring the site visit, as well as review of aerial photographs, and NY Department of Conservation (DEC) regulations that govern work n the coastal environment. While the detailed findings are .d.¢scribed below, based on our experience the problem is severe and requires immediate attention. We.have therefore presented alternatives for mitigating the impacts of erosion, and addressed possible steps that could be taken to slow this erosion. I. Site Observations and Background Information The subject property is located along thc southeast facing shoreline of Fishers Island and is directly exposed to the open waters of Block Island Sound and the Atlantic Ocean further to thc south. The geologic deposits that make up Fishers Island were deposited as glacial moraines, or long ridges of clay, sand, gravel, and boulders that were deposited at the leading edge of the continental glaciers. The property is located on a high coastal bluffthat reaches elevations of S0 R above mean sea level. The bluff stretches for some 0.8 miles to the west along the area known as Isabella Beach. To the east, the blufftapers down in elevation Io the Iow lying barrier beach that separates Island Pond from the Sound (Figure I). Many areas of the coastal bluff show signs of erosion, including the area directly in front &the existing house (Figure 2). The bluff is devoid of vegetation, suggesting recent and continued erosion, and is extremely steep in many places with slopes greater than the angle of repose (Figures 3-4). Sediments that comprise the bluffare a mixture of very fine grained sand, silt, gravel, and cobbles. The beach in front of the bank is relatively narrow at 40 to 50 fi wide, and is composed of poorly sorted cobbles, boulders, gravel, and sand. -I- ltigure I. Aerial photograph from 2001 showing location of subject properly. l;igure 2. June 2007 photo showing eroding coastal bluffdirectly in front of house. Figure 3. June 2007 photo showing absence of vegetation along an approximate 180 ft long section of eroding coastal bluff. Figure 4. June 2007 photo showing oversteepened section of eroding coastal bluff along western end of subject property. -3- 'The bluff~t your house shows signs of erosion caused primarily from wave attack along the base during storms and periods ofelevatad water level. This type of erosion is typical along many of the unprotected coastal bluffs in Long Island and Block Island Sounds. During storms, waves scour away and undermine the seaward toe (base) of the bluff, which leads to instabilily and slumping within the upper portions of the bank. Due to the cohesive nature of beak sedimanls, erosion and slumping (sloughing off) typically occurs as mass failure, where large quantities slump and fall from the bank in a massive event. Because of this, coastal bluffs tend 10 erode episodically, holding stable for a number of years until erosion at the toe is great enough to cause mass failure and large scale collapse along the top of the bluff. This mechanism of erosion can be seen along portions of the subject property, where large chunks of the upper bank have collapsed and fallen onto the lower bank. This type of mass failure is most common in areas where the bank is overstecpened, as is yours along the western end of the subject property. The most recent aerial photographs of the site, available for download from the NY GIS Clearinghouse, were collected in 2004 (Figure 5). These photographs show the existing house, lawn, coastal bluff, and beach areas at the time of the over flight. Measurements made from the photographs indicate set backs between the house and top of bluffthat range from 10 1o 22 fi. Also evident in the photos are two large erosional scarps in the bluff, one on the subject property, and a second on the adjacent property to the west. Observations made during the June 2007 site visit, and illustrated in Figures 2-4, indicate that both of these erosional scarps have increased in size significantly. In the absence of more recent aerial photography from 2007 to quantify the extent of erosion, the observations and ground photographs taken during the site visit were used to approximate areas of the bluff currently affected by erosional scarping (Figure 5). Of greatest concern, but certainly not the only immediate concern, is the 180 fl long portion of the bluff along thc southwestern end of the property, where the erosional scarp is within 12 to 15 feet of the house, and is extremely steep (Figure 4). Continued erosion in this and other areas of the bluff will undoubtedly occur, as the landform is oversteepened, lacks stabilizing vegetation, and contains no defense along the toe to protect from further wave activity and erosion. While it is difficult to predict a rate of bluff erosion usine the available data. it is certain that future erosion will threaten the safety of the existine house. The spectra of erosion control options for protection and stabilization of coastal bluffs ranges from the simple alternative of "doing nothing", to hard measures such as revetments and bulkheads. Between these two endpoints is a range of options that include house relocations, plantings, bank terracing, and other methods of toe protection. Descriptions of four potential alternatives that may be suited to the subject property are provided below. The alternatives have been selected based on our experience with projects of this type, knowledge of the local coastal processes, and familiarity with the state and local environmental regulations. Do Nothing - This alternative involves no action on your part, allowing storm waves and water levels to continue eroding thc bluff. By selecting this alternative you are accepting the inevitable future event of the house falling into thc ocean, as well as the associated clean-up costs which would be significant. -4- ~ - One alternative that would reduce the risk of damage to the house would be to move it further landward, away from the coastal bluff edge. From a practical standpoint, Woods Hole Group cannot offer advice on thc feasibility of moving the house; however, the benefits of relocating further from the bluff edge would be significant. We recommend that this approach be investigated further with a company that specializes in house moving, to determine feasibility and cost. In lhe event thal an alternate means of protecting the house is selected, especially one that involves a hard coastal engineering structure along the bank, the information learned about feasibility and cost associated with moving the house will be required by the regulatory officials as part of thc permit review process. Figure 5. Aerial photograph from 2004 showing proximity of house to coastal bluff and approximate extent of erosion in 2007. Bank Tcrracine and Plantinff - Restoration of the coastal bluff using soft engineering methods such as terracing and planting would minimize the impacts of on-going erosion, although periodic maintenance would be required to correct storm-induced erosion. Terracing of the bank using a combination of landscape struotures (ex., wooden retaining walls) and plants would minimize the potential for large scale failure as the upper -:5- portions of the bluff would be retained and stabilized with vegetation. Planting alone without adding some sort of toe protection along the base of the bluff would provide little protection, and is thus not advisable. A program of bank terracing and planting would only be successful with a design that includes protection from erosion along the toe of the bluff. A small hard structure that includes stones or driven sheet pile would provide the greatest measure of protection; however, other sorer solutions could also be investigated. Planning level costs associated with construction of a bank terracing and planting alternative would likely range between $1,000 and $1,500 per linear foot, depending on the type of toe protection selected. For the 180 ft section of bluffat the western end of the property that is most critically eroded, this alternative would likely cost between $180,000 and $270,000. To protect the entire subject property (an approximate distance of 320 fi), construction costs are estimated to be $320,000 to $480,000. Either of these options would span two properties and the cost could be split accordingly. Stone Revetment - Installation of a stone revetment would provide the longest lasting and most permanent erosion control solution for the upland portions of the property. A stone revetment is a coastal engineering structure designed and constructed for a sloping bluff to protect against erosion caused by waves and/or currents. The rough surface created by a revetment creates more resistance to storm waves than the natural blufffaee, decreasing the energy of the wave more quickly and preventing erosion along the toe of the bluff. Important design eonsideratlons include providing appropriate height, width, and toe protection. A revetment at the subject property would need to be high enough to prevent overtopping by storm waves. To prevent flanking erosion at the ends of the structure, the revetment would need to be designed to tieback or return into the bluff. Costs for revetment construction would likely range from $1,500 to $2,000 per linear foot. Assuming a structure approximately 300 fi long, it would cost between $450,000 and $600,000 to build a revetment on the subject property. Additional expenses required for engineering and permitting are typically 10 to 15% of the construction costs. The work in this area would actually span two properties, and as such the construction costs could be split accordingly. The NY Department of Consereation regulations do not prohibit hard coastal engineering structure like revetments; however, they are generally considered only as a last resort and therefore the permitting may be lengthy. Although this option represents the most costly alternative, it provides the most permanenl and longest lasting form of protection. -6- Woods Hole Group is interested in providing consulting services for this project, should you decide to proceed. We are available to meet with you and other family members to discuss these options, either on site or via conference call. Please do not hesitate to contact me with any additional questions, or to discuss next steps. Sincerely, Leslie Fields Coastal Geologist -7- BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-1-12 JUL - A~e×ander Harvey, Fishers Ma~d, NY · $CTM ~1000-03 ~-0~ ~ 2, Photos I'gken O~ ~ 0/4/20~ 0 Photo 1 Photo 2 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-I 1-1-12 ALexander Harvey, II1 Fishers Island, NY. SC'IM 1000-011-0%12, Photos Taken On 10/4/2010 Photo 3 Photo 4 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-1-12 A~exander Harvey, ~ Fishers Isla~d, NY , SCTM 1000~011-01-12, Photos I~ke~ On 10/4/2010 Photo 5 Photo 6 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-t 1-1-12 A[exar~der Harvey, III Fishers ~sland, NY * SCTM 1000-011-01-12, Photos Taken On 10/4/2010 ?ho~o 7 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-1-12 NOTICE I ~k' COUNTY OF SUFFOLK ~) I~i/ -. ,~ ,~.~ 5~T~OLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill goherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 Re: Proposed Wetland Permit for WILLIAM L. BOSWELL & OTHERS SCTM#1000-11-1-12 Patricia C. Moore, Esq. on behalf of WILLIAM L. BOSWELL & OTHERS requests a Wetland Permit to relocate existing dwelling from 8' to 46' from the top of the bluff; install drywells; abandon and install new sanitary system; and install new gravel driveway and parking area. Located: Old Mallory Rd., Fishers Island. SCTM#11-1-12 A site inspection was made on August 10, 2011. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Policy Standards 4. 1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. The structure is located landward of the Coastal Erosion Hazard Area (Figure 1). The relocation would maximize the distance from the "hazard area" and minimize the potential of future structural loss to the greatest extent practicable. Figure 1. Subject parcel with Coastal Erosion Hazard Line shown in red. In the event that the action is approved and to further Policies 4.2 Protect and Restore Natural Protective Features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended to address the increase in bluff erosion. Require that the applicant submit a re-vegetation plan for the face of the bluff void of vegetation outlining species type, density and survivorship parameters. Due to the slope of the bluff face, terracing to stabilize the soils could be applied. (See figures 2 and 3). 2. Require subsurface drainage structures to be located landward of the relocated structure to the greatest extent practicable. Figure 2. Subject parcel showing bluff area and extent of erosion (2006). Figure 3. S~ ibject parcel showing an increase of erosion in the the (2010). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Coastal Erosion Permit Application )~ Wetland Permit Application Amendment/Fransfer/Extension 2~_Received Application: _7/ ~_Received Fee:$ a~'~'~ ~----/Completed Application ? __Incomplete __SEQRA Classification: Type I Type II Unlisted__ Coordination :(date sent)_ ~4AIVRP Consistency Asaessment Form ~'7~AC Referral Sent: ~/I ~-~/I / ~"l~ate of Inspection: ~ ./4/// Receipt of CAC Report: Lead Agency Determination: Technical Review: Resolution: Administrative Permit 2011 Name of Applicant X,q~A I_. ~)")c'"~.-uL,~..( c~,~¢k Address Suffolk County Tax Map Number: 1000- Il- I -~--- Cb lek ~ex,, ~o~dI Property Location: I (provide LILCO Pole g, distance to cross streets, and location) AGENT: ~C~ C~ ~oo~ CS~ · (If applicable) Address: ~oard of Trustees Application Land Area (in square feet): Area Zoning: ~-..- ~ Previous use of property: Intended use of property: Covenants and Restrictions: If "Yes", please provide copy. GENERAL DATA 9_7, 0%0 Yes ~ No Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Yes No Prior permits/approvals for site improvements: Agency Date 7-7- ~f . ~ ~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? '-~ No Yes If yes, provide explanation: Project Description (use attachments if necessary):. TRUSTEES PROJECT DESCRIPTION CONTINUED Add dry wells in accordance with Town Drainage Code requirements; new sanitary system landward of relocated house, pump and fill septic tank & leaching well, as required by Health Department, maintain Haybales and silt fence prior to and during construction activities~, all activity in accordance with plans prepared by CME Associates Engineering and Land Survying & Architecture, PLLC dated June 17, 2011 B~oard of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: l~q ~ 'V'l_ c~u~:~ (-~LL,..X::~ Area of wetlands on lot: ~r 0~'d> square feet Percent coverage of lot: ~ c~ Closest distance between nearest existing structure and upland edge of wetlands: ~, '~- feet Closest distance between nearest proposed structure and upland edge of wetlands: ~&, :t: feet Does the project involve excavation or filling? No ~ Yes If yes, how much material will be excavated? How much material will be filled? ~ cubic yards Depth of which material will be removed or deposited: -'I-~,C> Proposed slope throughout the area of operations: -F--~to.~ Manner in which material will be removed or deposited: cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 4. APPL.C^,T, SPO. OR 6t7,20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNMSTED ACTIONS Only ( To be completed by AAolicant or Project Sponsor) 2. PROJECT NAME , PRECISE LOCATION: S~eet Adcless and Road Intersecllons, Prominent landmarks etc. or provide mad SEQR DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LANE) AFFECTED: ,-- Initially , ~ acres Ultimately ' ~ ac. res 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choona as ma~ly as apply,) --1Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OI~IER GOVERNMENTAL AGENCY (Federal, Slate or Local) r'~Yes []No If yna. list name and permit / 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E~]Ye$ [~No I! yes. list name and permit ! iI~eS~A ~j~T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY T_HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE si~nature ,/~ If the acUon Is a Costal Area, and you are a state agency, completa the Coastal Assessment Form before proceeding with thin assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) I A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. E]Yes r~lNo B. W~LLA~T~~NRE~EIVE~~~RD~NATEDRE~~E~ASPR~V~DEDF~RUNL~~TEDACT~~N~~N6NY~RR~PART617~6? IfNo, anegative declaration may be superseded by another involved agency. [--1 Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handw~ittsn, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattsm, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I C2. Aesthetic, agricultural, archaeological, histoflc, or other natural or cultural resources; or community or neighborhood character? Explain bbelty: I C3. Vegetation or fauna, fish, shetiltsh or wildlife species, signlltsant habitats, or {hraatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: ¢5. Oro~th, suhr~:lu~nt de*.~lopmeot, or raleted e~ti~tiee Iitiely to bo indu~:~ by the progeaed action? Explain bo~i~t': ........................ C6 Long term, short term, cumulat ve or oth~ effects not id~ntiged in C1-C57 Explain b'ri~ti~: ...... ! . Other impacts Ilncludin~l chan~es in use of either quantity or type of ener~ Explain b~iefl}/: I r'~Yes [~]N° I,' E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If)'es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenvise s[gnificant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibitity; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactedstica of the CEA. Check this box if you have identified one or mom potentially large or slgnfficant adverse impacts which MAY occur. Then proceed direc~y to the FULl EAF and/or prepare a positive declaration. Check this box ii=you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio~ WILL NOT result in any signiltcant adverse environmental impacts AND provide, on attachments as necessaP/, the roassns supporting thi determination. Board of Trustees Name of Lead Agency Date Jill M. Doherty President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCA'~ON: S.C.T.M. ~. THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A ~ (~'~ ~ ~ I(~ ' STO~-WATEKf ORADING? DRAII~AOE AND EROSION CONTROL PLAN D~c~ ~*c.on .k)ck~ot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. scOPE OF WORK - PROPOSED CONSTRUCTION rrl~I # / WORK ASSESSMENT [ Yes No a. WhatlsthaTolalAmaofthePmjectParoels? 1 WillthlsProjectRetalnAIIStorm-WatarRun-Off (Include Total Area of all Parcels located within Generated by a Two (2') Inch Rainfall on Site? the Scope of Work for proposed Construction) (This item will include all ran-off created by site b. What ls the Total Area of Land Cleadng (S.F. ~A~) cleadng and/or construction activitise as well as all and/or Ground Disturbance for the proposed Site Improvements and the permanent creation of construction activity? impePAous surfaces.) (S.F. I~) 2 Does the Sits Plan and/or Survey ShowAII Proposed PROVIDE BRIEF PROJECT DESCRIPTION ~ ~ ~,~, ~ Drainage Structures Indicating Size & Location? Tills Item shall include all Proposed Grade Changes and · f' Slopes Controlling Surface Water F~ow. 3 Does the Site Plan and/or Survey describe the erosion /,C.~ $,/' /~/~'.//-*- £),~.~'/~'. ,//l/~ //.5 andsedimentcontrolpracfioesthatwillbeusedto / ~' / t control site erosion and storm water discharges. This ~ ~ ~ ~,~/~' .~ t~,~/ ~/J/1~ l~C/1 ~', ~ item must be maintained throughout the Entire ,/ Construction Pedod. ~.~ /~,~_~ ~,~,'~/-~,~/ ~ ~-~t-~ 4 Will this Project Require any Land Filling, Grading or / / Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards~ ._~ of Material within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five ThousandL~ (5.000 S.F.) Square Feet of Ground Surface? -- 6 Is there a Natural Water Course Running through the Site? Is this project within the Trustaes jurisdiction~ General DEC ~NPPP Re~ulraments: or within One Hundred (100') feet of a Wetland or -- STATE OF NEW YORK, -- · COUNTY OF.~.~..EE_Q ............ : .......... SS That I ...~..~...x..~..~..~..J,.~.QL.:....C.r...~.~.~....Q~ ............ being duly sworn, deposes and says that be/she is the appl cant for Permit, (Name of irlomoua~ signing Lmcumem) And that he/she is the .{~.~. ~ ~...~....~....~..~. ~\ ................................................................................................. Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application tided herewith. Sworn to before me this; ? ...........r-~ ...~... ................/ ~_ J. //.~/"~ ~ ......... dayof ....... ..~.....0.~..!.(:~ ~ ................. ........ 90~{ . FORM 061tM'~u~'~-a~'~'* o~,~,~,,,~ , BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WILLIAM BOSWELL and others AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-11-1-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, _'~t'~40~/ ,~V~'¢~ , residing at being duly sworn, d(~pose a/nd say that: On the Jo'~' day of ~L,,A- ,2011, I personally posted the property known as Old Mallory Road, Fishers Island, New York by placing the Board of Trustees Notice of Hearing where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, August 24, 2011 on or about 6:00 p.m. Sworn to before/,me this /6 day of ~'~r ' ,2011 KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01HE6222,563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPII~ES 05/24/2014 BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BOSWELL/HARVEY ET AL Applicant's Land Identified as 1000-11-1-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the 12TM day of August, 2011 I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. Sworn to before me this ~-~lotary Public) PATRICIA C. MOORE Notary Publi% State of New York Suffolk Count~- No. 48616~ .~,~ ~ Commission Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NEIGHBOR LIST BOSWELL SCTM: 1000-11-1-12 JOHN MCGILLIAN PARTNERS SYMETRY 13 CHESTNUT ST BOSTON, MA 02108 SCTM: 1000-11-1-11 BARTON HARVEY III JANET SMITH 3 MIDVALE ROAD BALTIMORE MD 21210 SCTM: 1000-7-6-10 THE KELLY LAND TRUST 8 QUAIL RUN GREENVILLE DE 19807 SCTM: 1000-7-6-11 FERGUSON M L MUSEUM 1NC. 1 CANTERBURY GREEN STAMFORD CT 06901 SCTM: 1000-8-1-4.28 RECEIPT 7192 6463 3~ 10 0000 9785 FROM: Mooce Law Off~ce RE boswelftrustees heanng SEND TO: JOHN MCG~LLIAN PARTNERS SYMETRY 13 CHESTNUT ST BOSTON MA 02108 FEES: ,/~t t~3 Receipt '% ';2 30 TMARK OR CA7 RECEIPT 7192 6463 91 lo 0ooo 9792 FROM: SEND TO: BARTON HARVEY III JANET SMITH 3 MIDVALE ROAD BALTIMORE MD 21210 RECEIPT 7192 6463 3110 0000 9808 FROM: Moore Law Office RE: boswell trustees hearing SEND TO: THE KELLY LAND TRUST 8 QUAIL RUN GREENVILLE DE 19807 FEES: Postage ~' 4, RECEIPT 7192 6463 311 o 90o0 9815 FROM: Moore Law Office SEND TO: FERGUSON M L MUSEUM INC I CANTERBURY GREEN STAMFORD CT 06901 FEES: TOTAL PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 August 12, 2011 CERTIFIED IW~AIL RETURN RECEIPTREQUESTED RE: BOSWELL/HARVEY ET AL PREMISES: OLD MALLORY ROAD, FISHERS ISLAND, NY Dear Neighbor: I represent the above with regard to property located on Fishers Island, New York. They have submitted an application to the Southold Town Board of Trustees to relocate existing dwelling from 8' to 46' from top of bluff; install drywells; abandon and install new sanitary system and new gravel driveway & parking area. A copy of the Hearing Notice is enclosed together with a copy of a portion of the site plan. The hearing on this matter has been scheduled for WEDNESDAY, AUGUST 24, 2011 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very trul W) yours, q--Ba~r}cia C. Moore PCM/bp enclS. C: Mr. Luke Boswell (via email) NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a blic will be held by the SOUTHOLD BOARD OF TRUSTEES at t~ hearing Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD:~,i,~.~ 0er~co~.U, U,~: 0.~.~+ aq, a~l- on or (~bt)LL+ 0;00 ~, If you have an interest in this project, you are invited to view the Town file(s) to the the hearing which are available for inspectionpnor day of during normal business da s between the hours of 8 a.m and 4 .m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1 892 / / / 3NI9 / / ,,~. / /~NV8 JO dOl / NN¥8 JO aOl ~00NVS TILl ONV , '30N-J.'I .L'IIS JO 3Nh IlVII0 3DS - i: 3d,L.C NOU~FRIJ. SNOO / / 'llV.130 3gS - ~ 3dA.L NOL~fI~ TIV~ / ? "I3AVI:~ / ? ? 3ON30 Alexander Harvey, II, Robret DH Harvey Rose H. Finkenstaedt, Wm. L. Boswell Rose L. McLean, Ellen W. Boswell P. Wilson Boswell, David P. Boswell C/O Wm. L. Boswell 5815 Graves Lake Drive Cincinnati, OH 45243 June 7, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Alexander Harvey, II, Robert DH Harvey, Rose H. Finkenstaedt, Wm. L. Boswell, Rose L. McLean, Ellen W. Boswell, P. Wilson Boswell, and David P. Boswell, authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, Southold Town Building Department, NYS Dec, and any other necessary agencies on our behalf regarding properties located at East End Road (a/ka/Old Mallory Road), Fishers Island, New York (scm: 1000-11-1-12) Wm. L. Boswell, on behalf of the Owners of the above. Bo~ard of Trustees Application County of Suffolk State of New York ~C~311. ~a.~.. C k/~ {3 Oh/'{--- BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WI~ RE.HIS APPLICATION. Signature SWORN TO BEFORE ME THIS 7 DAY OF "7 2O II / Notary / Oommleelon Explre~ uu~ ,~.~,-,. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southoid's Code of Ethics prohibits conflicts of interest on the oart of town officers and emolovees. The t~urpose of this form is to orovide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applieenlJagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The tom officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this Signature Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# AGENT: 1000- 1-1-12 Wm. L. Boswell and others Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals []_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Soulhold LWRP nsistency Assessment Form I nature and extent of action: relocate house away from top of bluff Location of action:Old Mallory Road, Fishers Island Site acreage: 1.27 acres Present land use: existing residence Present zoning classification: R-120 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Wm. L. Boswell (b) Mailing address:5815 Graves Lake Drive, Cincinnati, OH 45243 (c) Telephone number: ( 631 ) c/o Pat 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes ey~cient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See L WRP Section II1 - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The property is on Block Island Sound, Fishers Island. The house was constructed in the 1920's and the bluff has been damaged by erosion, the applicants intend to move the house away from the bluff to the maximum extent feasible. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion {if appropriate): resources Disturbed property with no historical archeological Town of Southold LWRP nsislency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the house will not impact vistas NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The relocation of the house away from the bluff has been recommended by experts at Woods Hole Group in order to protect life and property. Policy& Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on habitat or wetlands. The relocation of the house away from the top of the bluff will be performed carefully by professional house movers. The goal is to prevent impact on the bluff faoe: Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): existing residence creates no hazardous waste Town of Southold LWRP nsistency Assessment Form 3 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section Ili - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section II1 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residential use enhanced by views of Block Island Sound Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ili - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 7, 2011 Board of Trustees Town of Southold PO Box 1179 Southold NY 11971 hand delivered Re: BOSWELL FAMILY Premises:OLD MA~LLORY ROAD, FISHERS ISLAND Dear President Doherty and Board: With reference to above, enclosed please find an original and 2 copies of Wetlands application. We respectfully request that this matter be placed on your next calendar as we would like to complete this project before any storms further jeopardize the stability of the house. Thank you and please do not hesitate to call should you have any questions. / j v/~/-./~ _~__- ~a-a~'~icia C. Moore PCM/bp encls. ......... ~NCE KELLY LAND TRUST .~_~~ I ~, ,~ A N ~ CON~U~ON (MUNICIPAL WATER / ~ ~ / ~ us~ U~E /~/? / / / ~ /~g~ //A / E~A~ON -~9 ~ / / ~ SEPTEMBER ~3, ~994 REVISED THROUGH 02/2~/95 SCALE; ~"=20' SHEET ~ OF ACTING UNDER THE DIRECTION OF A LIOENSED ~ND SURV~OR, TO ALTER AN ITEH IN ANY WAY, ~ Z / ......... ,UA~HO~ ~. / / 3:) ONLY COP~ES OF THIS SURVEY MARKED WITH THE ~ND SURV~OR'S ~ ~ 0 SECTION 011, BLOCK 1, LOT 12. ~ // ~b sG~ ~c~d~ BOARD OF TRUSTEES // ~~ ~/c~ ~ ~ TOWN OF SOUTHOLD REQU~ED =~4Bl] SF X 1,0 X 2/12 = 5B3 CF SILL ~ AHgHOR BOLT N/F NOW OR FORMERLY .DATE // ~ 5aZ CF / 28,27 ~F/VF: 20,2 VF N < o ~ROPOS~O '/~ ~ ~OOF L~ER USD ~OU~(~> - *~ X ~ DEE~ ~ WE~S, RS~ FL~R . SF SQUARE FET ~~ / ~5~CuIRE~ ~ ~' a ~ ~ ~ e ~ BOTTOM OF FOOT[NG . ~ ~ BOTTOM OF FOOTiN~ ~, ~ ~ ........ TOP OF SANK - 1994 PROJECT ~2011808 QUAU~ CONTROL CERTIFICATION ~' L ~' _h ~'_ ..... 7OP OF BANK - 1954 20' 10' 0 20' SHEET ..OJ~CT u~ ~ ~11( ~ORMWATER D~ELL D~AIL W~L CON~U~ON - ~E I W~L ~O~U~ON -- ~ ~ G~.~lc S~ IN FE~ 1 OF 2 ,,,, AREAS ~HERE SEED RATE PER MIX APPLIE~ SEEDING MIXTURES BY WEIGHT 1000 SQ. FT. SEEDING DATES GRASSED AREAS RED FESCtJES 70~ 2 LB. 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